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TIEZE v. KILLAM

No. 04CA2442.

179 P.3d 10 (2007)

Alf TIEZE, Plaintiff-Appellee, v. Allen P. KILLAM and Ruth D. Killam, Defendants-Appellants.

Colorado Court of Appeals, Div. VI.

January 25, 2007.

Attorney(s) appearing for the Case

Letofsky & Dombroski, Steven F. Letofsky, Frisco, Colorado, for Plaintiff-Appellee.

Holland & Hart LLP, Robert A. Basset, Todd W. Miller, Greenwood Village, Colorado, for Defendants-Appellants.

Opinion by Judge J. JONES.

Defendants, Allen P. and Ruth D. Killam, appeal the trial court's declaratory judgment that plaintiff, Alf Tieze, may condemn a private way of necessity across their property pursuant to art. II, § 14 of the Colorado Constitution. We affirm.

I. Background

In 1993, Tieze purchased the Hannibal Mill Site in Summit County, Colorado, which is an in-holding completely surrounded by the White River National Forest. The Killams...

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